Hospital Negligence

Harvard Studies in Hospital Negligence and Related Lawsuit

Although some people say the legal system is flooded with so-called frivolous medical malpractice claims, the evidence simply does not support this idea. A 2006 Harvard study found that hospitals most negligence claims do not involve serious injury or death caused by medical errors and malpractice. In fact, of all medical malpractice claims, 97 percent involved a legitimate medical injuries, with 80 percent of them involving large defects or death.

Co-author of the study, William Sage from Harvard, states that, "the major problem out there is a medical error that is not compensated, not a frivolous claim of compensation." Indeed, this is the fact that far more people suffer from serious medical injuries and never received adequate compensation than there are people who make false claims against hospitals and medical personnel.

Our system is set up so people can get the compensation they are entitled to when a medical error or negligence has caused them harm.

Lawsuits to protect society

In addition to helping disadvantaged individuals and families, medical malpractice lawsuits to work to protect all those who seek medical care. Numerous studies have shown that more responsible for the medical profession, the greater the health care quality and patient safety.

For example, a study conducted at Tulane University found that countries that require greater accountability of medical institutions and professionals have a lower rate of death related to health care.

In addition to encouraging the quality of a larger health service, medical malpractice lawsuits also provides a means of discipline that other methods fail to do, they fill the void left by inadequate disciplinary measures of professional and hospital policy. In the first case, the state medical board in charge of taking disciplinary action against medical professionals and hospitals that consistently violated the medical standard of care. However, evidence shows less than 9 percent of physicians who completed a number of medical malpractice cases are never subject to disciplinary action brought by the state council. This regulatory body often fails to hold negligent or careless medical professionals responsible for the mistakes and failures.

In addition, hospitals that neglect to take action that would prevent medical errors and malpractice. While hospitals are required to review medical care through various processes, nearly half of all U.S. hospitals have never reported a single disciplinary action against one of their doctors. Put this in addition to statistical evidence that 15 million medical malpractice occur every year, and it is clear that hospitals that ignore their obligations to professional discipline adverse medical patients.

Hospital negligence and the law

With regard to claims of medical malpractice, the civil justice system provides two invaluable benefits to society. One, allowing citizens' constitutional rights to seek compensation for losses and suffering, they have felt the result of medical errors and negligence. Second, encourage hospitals to take greater action to protect patients, thus, potentially prevent medical errors and malpractice before they have the opportunity to take place.